Payment Order in Morocco: Recovering a Debt Quickly

A payment order is the fastest procedure for recovering a definite sum of money based on a written document (acknowledgement of debt, accepted invoice, cheque, bill of exchange): the creditor files an application with the president of the court, who rules on the documents. Before using it, a written formal demand and a complete file of evidence are essential.

Conditions for a payment order

The claim concerns a sum of money.
It is certain, of a fixed amount and due.
It is based on a written document or an acknowledgement of debt.
The debtor has a known address in Morocco.
For a commercial claim, the application normally goes to the commercial court.

Step-by-step procedure

Step 1: written formal demand to the debtor, with a deadline to pay.
Step 2: application to the president of the court of first instance or commercial court, with supporting documents.
Step 3: payment order issued if the claim is established, or the application is dismissed.
Step 4: service of the order on the debtor by a judicial officer.
Step 5: the debtor may challenge it within the legal time limit.
Step 6: enforcement: attachment of bank accounts, assets or wages.

When to choose another route

If the claim is seriously disputed or not based on a written document, the application is likely to be dismissed and a full claim on the merits will be needed. Where there is a risk the debtor will put assets out of reach, a protective attachment can be sought in parallel.

Contractual mediation, governed by law no. 95-17, can also lead to a quick settlement with a client or partner you wish to keep.

Documents to prepare

Proof of the debt: acknowledgement of debt, contract, accepted invoices, cheque or bill of exchange.
Delivery notes or proof that the service was performed.
Formal demand and proof of receipt.
Customer account statement showing the balance due.
The creditor's trade register extract or identity card and the debtor's exact address.

Timing and costs

The order is made without an adversarial hearing, which makes the procedure faster than an ordinary lawsuit. Overall timing depends mainly on serving the debtor and on enforcement.

Costs include court fees, the judicial officer's fees for service and enforcement, and lawyer's fees freely agreed.

Common mistakes

Applying without a written document proving the debt.
Giving a wrong address for the debtor, which blocks service.
Waiting too long, until the debtor has no assets left to seize.
Claiming penalties not provided for in the contract.

Frequently asked questions

What is the difference between a payment order and an ordinary lawsuit?

A payment order is made on application, without a prior adversarial hearing, on the basis of the creditor's documents. An ordinary lawsuit involves hearings and exchanges of submissions; it takes longer but suits disputed debts.

Can the debtor challenge the payment order?

Yes, within a short time limit after service. That is why a solid file of evidence from the outset is essential.

What if the debtor is insolvent?

Check what assets can be seized before incurring costs. Where the debtor is a company in difficulty, the claim must be filed in the insolvency proceedings within the time limits set by the Commercial Code.

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